                                 CODE OF VIRGINIA

SUMMONS IN SUCH CASE (§ 16.1-120)

If the party making such application shall make and file an affidavit that to
the best of his belief such property, money or other personal estate so claimed
by such third party is not of greater value than the maximum jurisdictional
limits of the court as provided by § 16.1-77 (1), the judge or clerk of the
court shall issue a summons directed to the sheriff of his county or city, as
the case may be, requiring him to summon both the creditor and the debtor to
appear and show cause why such property, money or other personal estate, or any
part thereof, should not be discharged from levy or lien of such execution or
distress warrant. A copy of such summons shall be served upon the claimant of
the property, money or other personal estate, unless the summons is sued out at
his instance. The summons shall be made returnable not less than five days after
date of its issuance, and if an earlier day shall have been fixed for the sale
of the property, or for the return of any process subjecting such money or other
personal estate to a final disposition, the judge shall make and endorse on the
summons an order requiring the postponement of the sale, or the hearing to be
had on such process, until after the return day of the summons.

HISTORY: 1956, c. 555; 1978, c. 42; 1983, c. 616.